, 1887-07-28
A SENTENCE OF DEATH.
Charley TrumbIe Standing Under
the ScaffoId's Shadow.
His Day of Doom Fixed for Friday,
October ID, 1887.
Motion for a New Trial 0verruled
BY the Court.

murder OF Charles Mley. The charges OF
error made by the counsel for the defense
were gone over at considerable length.
The first allegation of error made was
based on the ground that the court per-
mitted it to go in evidence that Trumble
had ho%rsewhipped the man whom he sub
sequentIy killed. Judge Maginnis re-
viewed the evidence In the case to show
that the whipping (Which was proven be-
yond reasonable doubt was the only mo-
tive apparent for the commission of the
murder. Trumble argued, when Miley
refused to make friends with him, that
the latter intended to be revenged, and
therefore shot him.
A second point made by the defense
was that the Indictment alleged that
Tumble on a certain day killed a person
to the grand jury unknown. The burden
of proof, under all the authorities, was on
the defendant under such circumstance.
Even now the court did not know the
right name OF the murdered man. He had
been called by three or four different
names and sufficient evidence had not
been adduced before either the petit jury
or the grand Jury to establish the mans
right name.
Under third head the Judge grouped
all the allegations of error that had been
based on the charge of the court. These
were all extremely technical in their char
acter and none of them were sustained by
the court.
Regarding the fourth allegation of
error the court said: The Judge upon the
close of the evidence in the case had an
nounced to the counsel that in order to
secure the necessary time in which to pre-
pare his charge to the Jury, he would call
Judge Carroll to preside during the clos
ing arguments, provided there was no
objection. There was no objection raised,
and during most of the closing arguments
Judge Carroll accordingly presided.
Counsel for the defense had laid much
stress on this point. In his own expert
ence he had seen it done dozens of times.
The proposition that the lawyer who pre-
sided during the absence of the judge
usurped the authority of the court was
absurd. The Judge decided that there
was no error in leaving the bench during
the progress of the arguments. There
were hundreds of precedents to sustain
this position.
A sixth point was that the prosecuting
attorney in his argument used some ex-
pressions that were outside the evidence,
and therefore a new trial should be had.
The attorney for the defense himself
opened the door to this by indiscrimi-
nately abusing the witnesses and the peo-
pie OF Lusk. The prosecuting attorney
came to their defense. Both attorneys
went outside the evidence, but it was a
boldfaced proposition that what was &C
corded one side should not be conceded to
the other.
The court was alleged to have erred in
not sending a written copy of his charge
to the Jury. No such application had
been made by the counsel on either side.
A new trial was therefore refused. Mo
tons in arrest of Judgment and for the
discharge of the prisoner were overruled.
PASSING THE SENTENCE.
The court room was crowded to its full
est capacity at 7:3O last evening, when
counsel for the murderer of Chas. Miley
opened the argument on the motion for
an arrest of sentence. A reply was made
on behalf Of the territory by Prosecuting
Attorney Stoll, when Lawyer Rowan and
Judge Peck again made a few remarks
and cited a number of authorities in sup
port OF the motion, which was overruled
by Judge Maginnis at the conclusion of
the arguments. In his decision the chief
justice briefly reviewed and fttingly an
swered the technical points raised by the
defense.
After the opinion had been rendered
and the anticipated exception taken by
Trumble's counsel, it only remained for
the judge to pass sentence upon the pris-
oner. Judge Maginnis was greatly af-
fected by the seriousness of tn, situation
and solemnity of the occasion, and a
slight tremble was discernable in his usu-
ally steady voice. He said: 'Trumble,
stand up" The prisoner rose to his feet
and advancing grasped a chair and leaned
on his arm.
Have you anything to say as to why
sentence should not be passed upon your"
mo, sir; l have nothing to say, your
honor" replied Trumble in low tones, the
latter part of the sentence being scarcely
audible to spectators but a few feet away.
The Judge then addressed him substan-
TALLY as follows:
"Chas. Trumble. You have been found
guilty OF murder in the first degree by
the petit jury of this county. 1t is the
most ~disagreeable act of my life to pro-
nounce sentence upon you for the COM
mission of this crime. A preponderance
of evidence has established your guilt be-
yond all reasonable doubt. You have
been defended by able counsel, who left